Bona Fide Determination in 2025: Protecting Your Work Authorization and U Visa Benefits

The Bona Fide Determination (BFD) process is a lifeline for many U visa applicants, offering temporary work authorization and protection while awaiting visa approval. However, with the recent election of Donald Trump, the future of the BFD is uncertain. 

Drawing from past trends and current concerns, this article explains the basics of the BFD, how to get it, and what its potential removal could mean for applicants. Finally, we’ll discuss options to secure your immigration status. Bottom line, if you’re a U visa applicant, now is not the time to sit back and wait.

What Is the Bona Fide Determination (BFD)?

The BFD process is a discretionary policy introduced by USCIS to address the lengthy wait times for U visas. With a backlog that can extend up to 17 years for an actual U Visa, the BFD provides temporary benefits to applicants who meet basic eligibility criteria while their applications remain pending.

Key Benefits of the BFD:

1. Work Authorization: Approved applicants receive temporary work permits, enabling them to support themselves and their families.
2. Deferred Action: This status protects applicants from deportation while their U visa is under review.

The BFD is a crucial step toward stability for U visa applicants, especially those dealing with the financial and emotional strain of long processing times.

How to Get the BFD

The BFD is not a separate application but rather part of the U visa process. Here’s how it works, simplified:

1. Submit a Complete U Visa Application

To qualify for a BFD, applicants must file a comprehensive U visa petition (Form I-918) with all required evidence, including:

• Proof of being a victim of a qualifying crime.
• Evidence of substantial physical or mental abuse resulting from the crime.
• Documentation showing cooperation with law enforcement.

2. Wait for USCIS to Issue a BFD

After filing, USCIS reviews the application to determine if it meets the "bona fide" standard. This review includes checking for completeness and ensuring the applicant poses no safety risks.

3. Receive Work Authorization

If approved, applicants who have also submitted an I-765 application will receive a work permit valid for up to four years, granting them temporary relief and the ability to work legally in the U.S.

The BFD was designed to help with long U visa wait times, but waiting months or even years isn’t an option for many. That’s why we offer our BFD/EAD mandamus to help speed up the process.

What Happens If the BFD Is Removed?

The BFD is not grounded in legislation but in USCIS policy memos. This makes it vulnerable to removal under the Trump administration, which may seek to limit discretionary immigration benefits. Here’s what could happen:

1. Loss of Temporary Work Authorization

Without the BFD, applicants may no longer qualify for temporary work permits while awaiting their U visa, leaving many unable to legally earn a living.

2. Increased Risk of Deportation

BFD approvals provide deferred action, shielding applicants from removal. Without this protection, individuals may face heightened risks of deportation proceedings, particularly under a stricter enforcement-focused administration.

3. More Uncertainty and Hardship

For applicants already facing years-long delays, the elimination of the BFD could exacerbate financial and emotional strain, making it harder to stay in the U.S. while awaiting a decision.

The Waiting List Decision: A Glimmer of Hope

If the BFD is removed, all hope is not lost. U-visa applicants who meet the program’s requirements but are waiting due to the annual cap (10,000 visas per year) may still qualify for a  U visa waiting list decision.

What Is the Waiting List Decision?

• Applicants on the waitlist are given deferred action, work authorization while they wait for a visa, and, in limited circumstances, parole.
• This is based on established law, making it a more reliable option than temporary policies like the BFD.

Take Action Today: Protect Your Future

With uncertainty surrounding the future of the BFD, now is the time to take control of your immigration journey. 

Start by checking your eligibility for tools that can expedite your case or secure your status. We created an eligibility quiz to help you determine if your application qualifies for proven legal strategies that could speed up your processing time.

By acting now, you can:

• Secure temporary benefits like work authorization.
• Protect your status with deferred action.
• Access legal tools to address unreasonable delays.

The BFD is a vital resource for U visa applicants, but its future is uncertain under the new administration. By understanding the process, and acting promptly, you can protect your status and navigate these changes with confidence.

Our team is here to empower you with the tools and knowledge needed to safeguard your future. Don’t wait—take the first step today by completing our eligibility quiz. Together, we can help you secure the stability and opportunity you deserve.